We gave up long ago expecting rationality and straight-up-the-middle narratives when it comes to cases about beaches and beach access. People get kind of nuts about that for some reason. We get why. Who doesn't love a beach? Even a beach that could serve as the location if Planet of the Apes is re-made again. Don't believe us? See this recent video. Or this story with a picture from the 1980s.
But we overcame our usual reluctance to dive into these stories for the latest in a case we've been following, as it wound the way from California's trial and appeals courts, to the U.S. Supreme Court on a (denied) judicial takings cert petition, to the California legislature which was threatening to condemn and buy the property, to a recent unreported California appellate decision affirming a finding of no public easement, and now this, a recently-filed complaint against the owner by the State.
The State of California Lands Commission and the Coastal Commission have sued the Silicon Valley billionaire owner, claiming that the access path over his private property is, in reality, publicly-owned property due to frequent historical use of the trail by the public. Who needs to condemn something "we" already own!
The owner of course contests that, and points to the recent unpublished court of appeal decision that affirmed a finding that the plaintiffs in that suit (Friends of Martin Beach) did not prove that any public access was adverse to the owner. The State has now raised what looks to us like very similar claims, so we shall see if that has any impact on this case.
We shall follow along. Stay tuned.
Complaint for Quiet Title, Declaratory Relief, and Injunctive Relief, California State Lands Comm'n v. Mart...
